Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 22, June 5, 2009 issue of the Florida Administrative Weekly.

The changes are in response to public comment received from the public hearing held on July 15, 2009, and written comments received from the Joint Administrative Procedures Committee.

61C-3.001 Sanitation and Safety Requirements.

The following requirements and standards shall be met by all public lodging establishments.

(1) through (11) No change.

(12) Carbon Monoxide Sensor Devices. Carbon monoxide sensor devices shall be installed or carbon monoxide mitigation shall be approved in accordance with Section 509.211(4), F.S., and this rule.

(a) No change.

(b) Installation.

1. No change.

2. Carbon monoxide detectors shall be integrated into any new or ~~the~~ existing fire alarm ~~detection~~ system as a supervisory signal in accordance with ~~according to~~ NFPA 72, National Fire Alarm Code, as adopted by the State Fire Marshal in Rule 69A-3.012, F.A.C.

a. The activation of a carbon monoxide detector shall initiate a supervisory signal at a constantly attended location. Acknowledgement at the attended location of the initiation of the supervisory signal shall occur within 15 seconds of activation in order to initiate an investigation of the cause of the carbon monoxide detector activation. If the signal is not acknowledged within 15 seconds, the connected fire alarm shall be automatically and immediately activated.

b. Trained personnel shall have up to 180 seconds to determine the cause of the carbon monoxide detector activation and reset the system. If the system is not reset within 180 seconds, the connected fire alarm shall be automatically and immediately activated.

c. If a second carbon monoxide detector or any automatic smoke or fire detector connected to the fire alarm system is activated during this 180 second period, the connected fire alarm shall be automatically and immediately activated.

3. Public lodging establishments not required by law to have a fire alarm ~~detection~~ system shall install either a single station carbon monoxide alarm or a fire alarm ~~detection~~ system including a carbon monoxide detector integrated as a supervisory signal. A single station carbon monoxide alarm installed in compliance with this rule shall provide an audible signal with a minimum rating of 85 dBA at a distance of 10 feet ~~capable of being heard outside of the space in which it has been installed~~ and shall activate a visible signal with a minimum rating of 15 candela ~~capable of being seen~~ outside of the space in which it has been installed.

4. Carbon monoxide sensor devices shall receive primary power from the public lodging establishment’s electrical system and shall connect to a secondary power source. consisting of ~~Secondary power sources include~~ a battery directly installed in the carbon monoxide sensor device or an external generator connected to the carbon monoxide sensor device.

(c) Mitigation. Under Section 509.211(4), F.S., a public lodging establishment may perform carbon monoxide hazard mitigation instead of installing a carbon monoxide sensor device. A public lodging establishment performing carbon monoxide hazard mitigation shall have the mitigation certified and submit certification to the division as specified in this rule.

1. No change.

2. The operator of the public lodging establishment shall obtain certification of adequate carbon monoxide hazard mitigation on DBPR Form HR 5022-048, CERTIFICATE OF CARBON MONOXIDE MITIGATION (certificate), incorporated herein by reference and effective 2009 July 31 ~~2009 May 13~~. This form is available on the division’s Internet website www.MyFloridaLicense.com/dbpr/hr, from any division office, or by writing to Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.

3. All carbon monoxide hazard mitigation certifications must be conducted by a licensed professional engineer whose license is current and in good standing with the Florida Board of Professional Engineers. ~~The operator of the public lodging establishment is responsible for verifying the license status of the person conducting the certification.~~ The professional engineer’s license number and license expiration date shall be clearly written on the certificate.

4. The operator of the public lodging establishment shall submit the completed certificate to the division at the address listed above. The division shall review the certificate to determine completeness, mark the determination status on the certificate, ~~date-stamp the certificate upon receipt,~~ keep a copy of the completed certificate for its records, and provide the original completed ~~date-stamped~~ certificate to the operator of the public lodging establishment. The operator of the public lodging establishment shall post either the original or a copy of the completed ~~date-stamped~~ certificate in the room containing the boiler. Incomplete certificates shall be marked as incomplete and retained by the division. The division shall notify the person submitting the certificate of the incomplete status of the certificate and advise the specific section of the certificate determined to be incomplete. Such notification shall be in writing.

5. through 6. No change.

(13) No change.